# answer any question put by the court suo motu or on the suggestion of the opposite-party

- **Citation:** C.L. No. 66/VII
- **Court:** Allahabad High Court
- **Decided:** 1918-01-31
- **Case number:** C.L. No. 66/VII
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/answer-any-question-put-by-the-court-suo-motu-or-on-the-suggestion-of-the-163072
- **Pages:** 2

## Text

128
explain the counter allegations, if any, contained in the written statement. The replication
should generally be filed a few days before the date fixed for issues. Before the
settlement of issues in contested cases, except where the plaint if brief and clear the
parties must be examined to clarify the pleadings and to determine the matters under
contest.
 The Judge's notes may also indicate the step taken if any in the light of the above
direction.
Cases for settlement of issues should, as far as possible, be taken up first and the
issues framed in the presence of the parties or their counsel, after obtaining the
admissions and denials of documents filed by the opposite-party. The counsel should
come fully prepared with the facts of the case or should see that the parties are present to
answer any question put by the court suo motu or on the suggestion of the opposite-party.
Issues when framed should be read over to the parties, and if no further issue is pressed, a
note to that effect should be made in the Judge's notes.
Immediately after the issues have been struck the presiding officer should
consider, may be on an application by a party, if the preparation of a site plan or enquiry
after local inspection at the spot is necessary for the proper decision of the case. The
commission should, as far as possible be issued on that very day with clear and detailed
direction to be recorded in the Judge's notes, as to what the Commissioner is required to
show in the plan and on what points he is required to make specific report. If any witness
is to be examined on commission the court may consider the issue of a commission then
and not postpone it till after the recording of the entire oral evidence.
Wherever necessary there should be a replication by the plaintiff to admit, deny or
to explain the counter allegations, if any, contained in the written statement. The
replication should generally be filed a few days before the date fixed for issues. Before
settlement of issues in contested cases, except where the plaint is brief and clear, the
parties must be examined to clarify the pleadings and to determine the matters under
contest.
C.L. No. 66/VII d-148-Admn. (D) dated 24th October,1983
The Courts should make proper use of the powers vested in them under Order X,
Rule 2 C.P.C. not only at the times of framing of the issues, but also at the stage of
evidence to clarify the ambiguity and vagueness in the pleadings and pinpoints dispute
between the parties.
(vi)
 Deciding question of limitation
G.L. No. 277/67-1 dated 31st January, 1918
Whenever an objection is raised that any proceeding is beyond time, the question
of limitation should be determined so far as the court can determine it, after due notice to
all parties.
(vii) Powers of the court to filling the written Statement vis-à-vis the provisions of

order VIII rule 1 of the Code of Civil Procedure
C.L.No. 26/ Admin. `G`/2005:dated: 9th August, 2005
129

Upon a careful consideration of the scope of power of the court regarding
extension of time for filling the Written statement in view of the provisions of Order VII
rule 1 as also the object and purpose behind enacting same in the present form, the
Hon`ble Court (Hon`ble Mr. Justice Anjani Kumar) has observed and held that the
provision has to be construed as directory and not mandatory. Ordinarily, the time
schedule prescribed by Order VII rule I has to be honoured but in exceptional situations
occasioned by reasons beyond the control of the defendant, the court may extend time for
filling the written statement though the period of 30 days or 90 days, referred to in the
provisions, has expired .The extension can be only by way of an exception and for
reasons assigned by the defendant and also recorded in writing by the court to its
satisfaction.
 While enclosing herewith a copy of judgment and order dated 19.5.2005 in
CMWP No.25816 of 2005-Manasoor Ali versus Court of In-charge District
Judge/Additional District Judge, Court No.1 Kanpur Nagar & ors. I am directed to
request you to kindly circulate the copy of the judgment to all the judicial officers under
your administrative control for guidance and following the law laid down by the Hon`ble
Supreme Court and this Hon`ble Court.
C. L. NO.34/ 2007 : Admin 'G' Dated 29th August, 2007.
On the above subject I am directed to inform you that to bring improvement in the
administration of Civil Justice System in the Chief Justices Conference -2007, it has been
resolved that the time frame relating to filing of written statements under Order VIII Rule
1 of C.P.C. be adhered to and only in exceptional cases the courts should permit filing of
written statement beyond the upper time limit of 90 days.
I am, therefore to request you to kindly bring the contents of the Circular Letter to
the notice of all the Judicial Officers working under you for strict compliance of the
directions of the Hon'ble Court.
C. L. No.70/2007Admin(G) : Dated :13.12.2007.

The Hon'ble Court has noticed that the Presiding officers of Subordinate Court are
not adhering to the provisions as laid down in Order VIII Rule 1 and are liberally granting
opportunities to the defendants to file written statements even beyond the prescribed time
limit which is resulting in procrastination of the trials in civil cases. Viewing this with
extreme seriousness the Hon'ble Court has desired that the Subordinate Courts be
impressed to strictly abide by the provisions as laid down in the above quoted order VIII
Rule 1 of C.P.C.

Therefore, I am directed to request you to kindly instruct all the Judicial Officers
working under your administrative control to make strict compliance of the provisions as
given in Order VIII Rule 1 C.P.C.
3.
SUMMONSES AND PROCESSES
(i)
Procedure for issue
C.L. No. 29/Xc-5 dated 27th March, 1968